S T A T E O F N E W Y O R K ________________________________________________________________________ 6270--A 2011-2012 Regular Sessions I N A S S E M B L Y March 11, 2011 ___________ Introduced by M. of A. CRESPO, P. RIVERA, CROUCH, STEVENSON, N. RIVERA, HOYT, RUSSELL -- Multi-Sponsored by -- M. of A. BRENNAN, BURLING, OAKS, SCARBOROUGH, TENNEY, THIELE -- read once and referred to the Committee on Energy -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law, in relation to remote net meter- ing by farm and non-residential customer-generators THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 66-j of the public service law is 2 amended by adding a new paragraph (e) to read as follows: 3 (E) A CUSTOMER WHO OWNS OR OPERATES A FARM OPERATION AS SUCH TERM IS 4 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRI- 5 CULTURE AND MARKETS LAW, OR A NON-RESIDENTIAL CUSTOMER-GENERATOR AS 6 DEFINED BY SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF 7 THIS SECTION THAT LOCATES SOLAR ELECTRIC GENERATING EQUIPMENT OR FARM 8 WASTE ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY METER ON PROPERTY 9 OWNED OR LEASED BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE, OVER A PERIOD 10 AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, ALL 11 OR A PORTION OF THE NET METERING CREDITS GENERATED BY SUCH EQUIPMENT TO 12 METERS AT ANY PROPERTY OWNED OR LEASED BY SUCH CUSTOMER-GENERATOR WITHIN 13 THE SERVICE TERRITORY OF THE SAME ELECTRIC CORPORATION TO WHICH THE 14 CUSTOMER-GENERATOR'S NET ENERGY METERS ARE INTERCONNECTED AND BEING 15 WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE LOCATION BASED MARGINAL 16 PRICE AS OF THE DATE OF INITIAL REQUEST BY THE CUSTOMER-GENERATOR TO 17 CONDUCT NET METERING. THE ELECTRIC CORPORATION WILL CREDIT THE ACCOUNTS 18 OF THE CUSTOMER BY APPLYING ANY CREDITS TO THE HIGHEST USE METER FIRST, 19 THEN SUBSEQUENT HIGHEST USE METERS UNTIL ALL SUCH CREDITS ARE ATTRIBUTED 20 TO THE CUSTOMER. 21 S 2. Subdivision 3 of section 66-1 of the public service law is 22 amended by adding a new paragraph (e) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09483-05-1 A. 6270--A 2 1 (E) A CUSTOMER WHO OWNS OR OPERATES LAND USED IN AGRICULTURAL 2 PRODUCTION AS DEFINED IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE 3 OF THE AGRICULTURE AND MARKETS LAW, OR A NON-RESIDENTIAL CUSTOMER-GENER- 4 ATOR AS DEFINED BY PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION 5 THAT LOCATES WIND ELECTRIC GENERATING EQUIPMENT WITH A NET ENERGY METER 6 ON PROPERTY OWNED OR LEASED BY SUCH CUSTOMER-GENERATOR MAY DESIGNATE 7 OVER A PERIOD AS PRESCRIBED IN PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS 8 SECTION, ALL OR A PORTION OF THE NET METERING CREDITS GENERATED BY SUCH 9 EQUIPMENT TO METERS, AT ANY PROPERTY OWNED OR LEASED BY SUCH 10 CUSTOMER-GENERATOR WITHIN THE SERVICE TERRITORY OF THE SAME ELECTRIC 11 CORPORATION TO WHICH THE CUSTOMER-GENERATOR'S NET ENERGY METERS ARE 12 INTERCONNECTED AND BEING WITHIN THE SAME LOAD ZONE AS DETERMINED BY THE 13 LOCATION BASED MARGINAL PRICE AS OF THE DATE OF INITIAL REQUEST BY THE 14 CUSTOMER-GENERATOR TO CONDUCT NET METERING. THE ELECTRIC CORPORATION 15 WILL CREDIT THE ACCOUNTS OF THE CUSTOMER BY APPLYING ANY CREDITS TO THE 16 HIGHEST USE METER FIRST, THEN SUBSEQUENT HIGHEST USE METERS UNTIL ALL 17 SUCH CREDITS ARE ATTRIBUTED TO THE CUSTOMER. 18 S 3. This act shall take effect immediately.